Posted with permission of the transcriber, Barb. Baker. Geo. WESTMORLAND ASSIZES. APPLEBY, Monday, Aug. 30 CROWN SIDE. MR. JUSTICE BAYLEY took his seat in this Court by 9 in the morning, and after the usual formalities, the Grand Jury were sworn and charged. The two Members for the county were, as usual, at the head of the Grand Jury, and MR. WYBERGH was present at his post. MANSLAUGHTER BY FURIOUS DRIVING. WM. ELMIRE, aged 30, was charged with having killed and slain WM. HOWSON, by his furious driving of the Lord Exmouth coach at Kirkby-Lonsdale, on the 4th of this month. MR. LAMB (with whom was MR. ARMSTONG) stated the case for the prosecution, such as he proved it by his witnesses. SUSANNAH WILLAN, wife of WM. WILLAN, innkeeper at Kirkby-Lonsdale, remembered the prisoner and one THOMAS WRIGHT being in her house between 7 and 8 in the morning of the 4th, after he had driven the coach from Lancaster to Kirkby-Lonsdale. They were both intoxicated an the prisoner said he had been drinking all night at Lancaster. After breakfast they called each for a glass of rum, but the prisoner did not drink his. After dinner, at 1 o'clock, the prisoner, with 3 others, drank some porter. Having left the house, the prisoner returned about 4, quite tipsy, but had 4d. worth of brandy. He afterwards slept for some time, and upon awaking asked for more liquor. But witness refused, and told him to harness the horses (for driving the Lord Exmouth back to Lancaster). She saw him again on the coach, and driving out of town in a most furious manner. THOMAS TODD, tailor in Kirkby-Lonsdale, saw the prisoner frequently in the street there in course of the 4th quite tipsy. In the evening, while standing at his own door, he saw the Lord Exmouth driven so furiously by the prisoner, that he was afraid it would be overturned in the street. WM. HEAD JOHNSON, farmer, at Dalton, was an outside passenger from Stainmore to Lancaster. The deceased, also an outside passenger, had walked on at Kirkby-Lonsdale, till the coach should take him up. At Kirkby-Lonsdale, horses and driver were changed. The prisoner struck off at full speed, and when desired by the guard to stop, in order to take up the deceased, he pulled up his horses all in a heap. The guard at that time asked the prisoner what he was about, and told him he would overthrow the coach, or hurt the horses. When the deceased had resumed his seat, the prisoner set off again at full gallop. When they had got to the hill which leads down to the bridge, the guard called out to the prisoner to stop, and he would lock a wheel; the prisoner paid no regard, but galloped on. When they had got to the bridge, witness observed that one of the hind wheels was whirling round, and not touching the ground, and mentioned it to the guard, who desired the prisoner to stop, but he drove on. When they came to the first turn, the coach was overturned, and all the passengers were precipitated into the road. Witness was very much bruised and injured. There were 7 outside passengers. WILLIAM WILSON, a traveller for the house of W. and J. HOUNDERS in Liverpool, was an inside passenger along with his wife and others. After they had got to the bridge, witness feared, from the motion, that the coach was going over, and in a moment afterwards it was overturned. Witness saw the deceased upon the road, lying on his face, apparently dead. ROBERT HEBBLETHWAITE, a husbandman, at Kirkby-Lonsdale, saw the ocach overthrown at a turn of the road. He came to assist the passengers. He turned the deceased, whom he found lying on his face, on his back. He never heard him speak a word. The deceased was put into a cart, and conveyed to Kirkby-Lonsdale. WM. BATT, surgeon, in Kirkby-Lonsdale, was called to see the deceased, at the house of MRS. SAUNDERS. He lay in a state of perfect insensibility, his face and the bedclothes all covered with blood. There was a wound over the right eye, and a severe contusion on the forehead. He died at 4 o'clock on the following day. The witness believed that the deceased died from a concussion of the brain, occasioned by the fall. MR. WILLIAMS for the prisoner called one witness, WILLIAM PARKER, guard of the coach at the time of the accident. He never was off the coach at all, and was sober. He did not perceive that the prisoner was at all drunk. The horses had gone with witness ever since the coach ran, about 5 months. One of the horses was fidgetty, and showed a deal of blood. CROSS-EXAMINED. -- He was employed about the luggage. He told the prisoner to take time when MR. HOWSON was taken up. Sometimes they locked the wheel on going down the hill, and he wished to lock it on this occasion. He told him to take time twice or three times. The road had been widened, and there was plenty of room to turn in. RE-EXAMINED IN CHIEF. -- He had known the prisoner 5 or 6 years. He thought him a very good driver. BY THE COURT. -- The horses started quick. When MR. HOWSON had been taken up, they again started quick. He could not say whether they galloped or not. He was under no alarm till the coach struck. He halloed three times to the coachman to take time. GUILTY. MR. JUSTICE BAYLEY remarked that the prisoner's conduct was chargeable with want of fidelity to his employers, want of regard to his own character, and want of feeling for the lives and limbs of those intrusted to his care. It was a heinous offence for any man to disqualify himself for the discharge of his duty by intoxication; but in his case the heinousness was greatly aggravated by the importance of the duty which he had to perform. Proprietors of coaches were bound by every consideration to employ only men of confirmed steadiness and sobriety; and coachmen were bound, of all things, to abstain from every species of intemperance. He felt himself called upon to pronounce in this case the highest punishment which the law allowed.....imprisonment for 12 months. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::